Legislator Case Law & Legislation
I PKN 61/97 AI generated

Criminal appeal dismissed; joint liability prevents summing claims for appeal value threshold under Polish Code of Civil Procedure.

Case Number I PKN 61/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal because the total claim value did not meet the statutory threshold when claims against jointly liable defendants were treated separately. The defendants argued for dismissal based on the low individual amounts, but the court held that claims against parties sharing formal or material joint liability cannot be aggregated for this purpose. Consequently, since each individual claim fell below the 5,000 zloty limit, the appeal was inadmissible.

Legislator headnote

AI generated

Art. 393 pkt 1 KPC; Art. 72 § 1 pkt 1, 2 KPC; Art. 21 KPC; Art. 378 § 3 KPC: Claims against parties with formal or material joint liability cannot be summed to determine the appeal value threshold, requiring separate assessment of each defendant's liability.

Keywords

AI generated
joint liability material co-liability formal co-liability appeal value threshold cassation inadmissibility Code of Civil Procedure summing claims

Cited Legislation

AI generated
art. 393 pkt 1 KPC
art. 124 § 3 KP
art. 72 § 1 pkt 1 KPC
art. 72 § 1 pkt 2 KPC
art. 21 KPC
art. 378 § 3 KPC
art. 393 19 KPC

Cited Case Law

AI generated

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